3.1.3 NATIONAL FRAMEWORK CONCERNING ALTERNATIVES AND PROBATION
3.1.3 National framework concerning alternatives and probation
Bulgarian legislation does not provide for specific alternatives to deprivation of liberty or specific probation measures for persons with IPD (nor for mandatory treatment/therapy). Since
2005 the Criminal Code introduced the general probation measures as “a set of non-custodial
control and impact measures that are imposed together or separately”. Probation measures
are: mandatory registration at the current address, not less than twice a week - from 6 months
to three years; mandatory periodic meetings with a probation officer - from 6 months to three
years; restrictions on free movement (visiting places, areas and establishments precisely defined in the sentence; leaving the place of residence for more than 24 hours without permission
from the probation officer or the prosecutor; leaving the residence for a certain period of the
day) - from 6 months to three years; inclusion in professional qualification courses, community impact programs (labour integration/social habits) - from 6 months to three years; corrective labour - from three months to two years; unpaid work for the benefit of society - from
100 to 320 hours per year for no more than three consecutive years. 244 Community impact programs are organized and paid for by the regional probation service and may be developmental or correctional. Developmental programs include literacy courses, job skills training, counselling sessions and discussions with social services and police representatives. Correctional
programs are aimed at changing the attitudes, values, behaviour of convicts and overcoming
addictions. 245 Regional probation services subordinated at the “Execution of Punishments” Directorate at the Ministry of Justice organize and supervise the work of probation officers. At the
request of the court, probation officers prepare pre-trial reports. In the area of operation of
each district court, probation councils are established. 246 The probation council meets at least
once a month. The probation councils make decisions among others for the preparation of an
opinion to the prosecutor for the application of compulsory treatment. 247
In practice, according to the latest 2020 Annual Report of the “Execution of Punishments” Directorate in 2020, a probation sentence was imposed in 3 826 cases:248 30% for up to 6 months,
40% - from 6 months to 1 year and 30% - from 1 to 3 years. The biggest number of them was
imposed for crimes like thefts and bodily harm. Only 255 probationers were rated as high-risk. 249
The number of held individual meetings with a probation officer was 63 283. 250 According to the
report, community impact probation programs are rarely imposed as punishment. They are
“Thinking skills”, “Skills for anger and aggression management”, “Literacy skills”, “Skills for active
behaviour in the labour market”. The problems that occur most often in the implementation of
Bulgaria, Criminal Code, Art. 42a.
Bulgaria, Execution of Punishments and Restraint Measures Act, Art. 217.
246
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 202. The probation councils are composed of:
chairman - probation officer or legal consultant from the relevant territorial office; members - representatives of municipalities,
regional administrations of the Ministry of Interior and territorial departments of health care, education, social care and employment services.
247
Bulgaria, Execution of Punishments and Restraint Measures Act, Art. 203.
248
The most in the cities of Sofia, Plovdiv, Pleven, Varna and Burgas.
249
Bulgaria, “Execution of Punishments” Directorate, 2020 Annual Report, p.66.
250
Bulgaria, “Execution of Punishments” Directorate, 2020 Annual Report, p70.
244
245
Bulgarian Helsinki Committee
59
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